Digital Commons Network^™

Software's Copyright Anticommons, Clark D. Asay

Faculty Scholarship

Scholars have long assessed “anticommons” problems in creative and innovative environments. An anticommons develops when an asset has numerous rights holders, each of which has a right to prevent use of the asset, but none of which has a right to use the asset without authorization from the other rights holders. Hence, when any one of those rights holders uses its rights in ways that inhibit use of the common asset, an anticommons may result.

In the software world, scholars have long argued that anticommons problems arise, if at all, because of patent rights. Copyright, on the other hand, has …

Patenting Elasticities, Clark D. Asay

Faculty Scholarship

Over the last decade, a growing consensus has emerged: there are too many patents, and they are causing a host of problems. These problems include patent “trolling,” patent “wars,” and other wasteful societal costs. In explaining this patent overabundance, some scholars have pinpointed the United States Patent Office, the governmental body responsible for issuing patents, as the main culprit. Others have blamed patent holders themselves, identifying a number of incentives these parties have to pursue patents even in cases where doing so makes little economic sense. Overall, these analyses thus typically assume a high and relatively uniform demand for patents …

Rocio Smith Plaintiff-Appellant Vs. Kayelyn Robinson, Lcsw Defendant-Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

State Of Utah, Petitioner/Cross-Respondent, V . Thomas Randall Ainsworth, Respondent/Cross-Petitioner., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

State Of Utah, Plaintiff/Respondent, Vs. Desean Michael Goins, Defendant/Petitioner., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

Utah Department Of Transportation, Appellee-Petitioner­ Cross-Respondent V. Coalt, Inc.,Appellant-Respondent­ Cross-Petitioner : Brief Of Petitioner Utah Department Of Transportation

Utah Supreme Court Briefs (1965 –)

On writ of certiorari to the Utah Court of Appeals

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Supplemental Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding

Ktm Health Care, Inc., Plaintiff And Appellee/Cross-Appellant, V. Sg Nursing Home, Llc, Dba Kolob Care & Rehabilitation Of St. George And Apex Healthcare Solutions, Llc, Defendants And Appellants/Cross-Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANTS
AND
BRIEF OF CROSS-APPELLEES

Appeal from a Final Judgment
Entered by the Fifth Judicial District Court
Honorable Jeffrey C. Wilcox Presiding

Phillip Grimm, Plaintiff And Appellee/Cross-Appellant, V. Dxna Llc, A Delaware Limited Liability Company, Defendant And Appellant/Cross-Appelle. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT AND BRIEF OF CROSS-APPELLEE

On appeal from a judgment of the Fifth District Court for Washington County,
The Honorable Pamela G. Heffernan

State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for one count of aggravated murder,
two counts of aggravated kidnapping, two counts of
aggravated robbery, and one count of obstructing justice, all
first degree felonies, in the Third Judicial District, Salt Lake
County, the Honorable Randall N. Skanchy presiding

Oral Argument Requested

South Salt Lake City, Plaintiff And Appellee, V. Steven Maese, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from convictions of Failure to Signal for Two Seconds, a class C
misdemeanor under Utah Code 41-6a-804(1) (2013), and Failure to Obey
a Traffic Control Device, a class C misdemeanor under Utah Code 41-6a-
304 (2013), both reduced to infractions upon the City's motion.

This judgment was entered in the Third Judicial District Court, Salt Lake
Department, the Honorable Randall Skanchy presiding.

The Appellant is not incarcerated.

ORAL ARGUMENTS REQUESTED

South Salt Lake City, Plaintiff And Appellee, -V- S. Steven Maese, Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from convictions of Failure to Signal for Two Seconds, a class C
misdemeanor under Utah Code 41-6a-804(1) (2013), and Failure to Obey
a Traffic Control Device, a class C misdemeanor under Utah Code 41-6a-
304 (2013), both reduced to infractions upon the City's motion.

This judgment was entered in the Third Judicial District Court, Salt Lake
Department, the Honorable Randall Skanchy presiding.

The Appellant is not incarcerated.

ORAL ARGUMENTS REQUESTED

South Salt Lake City, Plaintiff/Appellee, V. S. Steven Maese, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions on two traffic offense infractions
in the Third Judicial District Court, Salt Lake County, the
Honorable Randall Skanchy presiding, wherein the
defendant's request for a jury trial on infraction charges
was denied.

The State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from convictions for one count of aggravated murder, a first degree
felony, in violation of Utah Code 76-5-202; two counts of aggravated
kidnapping, first degree felonies, in violation of Utah Code 76-5-302; two counts
of aggravated robbery, first degree felonies, in violation of Utah Code 76-6-302;
and one count of obstructing justice, a first degree felony, in violation of Utah
Code 76-8-306(1), in the Third Judicial District Court, in and for Salt Lake
County, State of Utah, the Honorable Randall Skanchy presiding.

Appellant is incarcerated.

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

SUPPLEMENTAL BRIEF OF APPELLANT

Pursuant to the Order of the Utah Court of Appeals dated May 24, 2019, to provide
supplemental briefing on "the passcode to the garage" issue on Rule 23B remand

ORAL ARGUMENT REQUESTED

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Supplemental Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Second Supplemental Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding

Kraig T. Higginson, An Individual; And Mark Burdge, An Individual, Defendants/Appellants, V. Jacquelynn D. Carmichael And Megan M. Moss, As Personal Representatives Of The Estate Of James E. Morton, Plaintiffs/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLEE

Appeal from the Third Judicial District Court, Salt Lake County, Hon. Royal Hansen
Dist. Ct. No. 140907046

Kraig T. Higginson, An Individual, And Mark Burdge, An Individual, Defendants/Appellants, Vs. Jacquelynn D. Carmichael And Megan M. Moss, As Personal Representative Of The Estate Of James E Morton, Plaintiffs/Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANTS

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah
The Honorable Royal Hansen

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

SUPPLEMENTAL REPLY BRIEF OF APPELLANT

Pursuant to the Order of the Utah Court of Appeals dated June 18, 2019, to provide
supplemental briefing on "the failure to investigate alibi witnesses and to present a
timeline" issues on Rule 23B remand

ORAL ARGUMENT REQUESTED

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on March 1, 2016, in the First
District Court, Box Elder County, the Honorable Brandon J. Maynard, presiding

ORAL ARGUMENT REQUESTED

In The Matter Of Evan O. Koller, An Incapacitated Person. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

National Title Agency, Llc, A Utah Limited Liability Company; William D. Rowley, An Individual, Plaintiffs/Appellants, Vs. Jp Morgan Chase Bank, National Association, A Delaware Corporation, Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANTS

Appeal from the Third District Court, Salt Lake County, from an Order Granting a
Motion to Dismiss and Denying a Motion to Amend Before Honorable Todd M.
Shaughnessy

Jean A. Rapoport And Richard N. Rapoport, Trustees Of The Rapoport Family Trust Appellants Vs. Judy Martin, An Individual And Four Lakes Village Homeowners Association, A Utah Nonprofit Corporation Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANTS REPLY BRIEF

Appeal from the Judgment entered by the Third District Court,
Summit County, The Honorable Kara Pettit

Jean A. Rapoport And Richard N. Rapoport, Trustees Of The Rapoport Family Trust, Plaintiffs And Appellants, Vs. Judy Martin, An Individual And Four Lakes Village Homeowners Association, A Utah Nonprofit Corporation, Defendants And Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT ENTERED BY THE THIRD DISTRICT
COURT, SUMMIT COUNTY, HONORABLE KARA PETTIT

Jean A. Rapoport And Richard N. Rapoport, Trustees Of The Rapoport Family Trust Appellants Vs. Judy Martin, An Individual And Four Lakes Village Homeowners Association, A Utah Nonprofit Corporation Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLANTS

Appeal from the Judgment entered by the Third District Court,
Summit County, The Honorable Kara Pettit

Aura Spa & Boutique, Petitioner, Vs. Department Of Workforce Services, Workforce Appeals Board, Respondent. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF IN REPLYL TO BRIEF OF RESPONDENT

Appeal from Decision of the Workforce Appeals Board
Department of Workforce Services

Aura Spa & Boutique, Petitioner, V. Workforce Appeals Board Of The Utah Department Of Workforce Services, Respondent. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF RESPONDENT

Petition for Review of a Decision of the
Workforce Appeals Board of the
Department of Workforce Services,
State of Utah

Kellie P. Sunday, Petitioner/Appellee, V. Ernest J. Pease, Respondent/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Reply Brief of Appellant